Divorce From Overseas

I was married in Florida but live overseas. Can I obtain a divorce without having to return to Florida?

Answer to Florida Divorce Question

Dear Pabenson,

In general, one of you must be a Florida resident in order to file for a Florida divorce.

If you are still a Florida resident, even though not currently residing here, you may be able to file for divorce in Florida.

If your spouse is still a Florida resident, then you can file for a Florida divorce.

In some cases, members of the military stationed overseas may be considered a Florida resident for purposes of a divorce, if they resided in Florida immediately prior to being deployed overseas.

The determination of whether or not you might be considered a Florida resident even though not currently residing in Florida and living overseas is up to the judge's discretion.

If one of you is a Florida resident, you may be able to appear at a final hearing for divorce via telephone.

In order to do this, you must file a Motion to Appear Telephonically, and the other party must not object to it.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

Comments for Divorce From Overseas

I need to Divorce my spouse who is outside of the United States taking care of his sick father... We are both in agreement of the Divorce, however, he is not able to get back to the states for an undetermined amount of time... what is the best course of action for a quick divorce?

--There are at least two possibilities I am aware of. First, you can use constructive service in some circumstances, but since you know where he is, this is probably not appropriate for you.

Second, if your husband does make it back to the US, you can file your divorce paperwork and have him served while he is here. Alternatively, he can file a Waiver of Service and an Answer, Waiver, and Request for Copy of Final Judgment Form 12.903(a), which does not require attendance by him at the final hearing. --Staff